词条 | Amaretto Ranch Breedables, LLC v. Ozimals, Inc. |
释义 |
| name = Amaretto Ranch Breedables, LLC vs. Ozimals, Inc. | court = United States District Court for the Northern District of California | image = US DC NorCal.svg | imagesize = 150 | caption = | full name = | date decided = December 21, 2010 | citations = Amaretto Ranch Breedables, LLC v. Ozimals, Inc.[1] | docket = [https://www.courtlistener.com/docket/4177738/amaretto-ranch-breedables-llc-v-ozimals-inc/ 3:10-cv-05696] | subsequent actions = ongoing | transcripts = | judge = Charles Breyer | holding = Motion for Temporary Restraining Order GRANTED in favor of Amaretto | keywords = DMCA takedown, preliminary injunction, temporary restraining order }}{{Italic title}} Amaretto Ranch Breedables, LLC v. Ozimals, Inc. was a copyright case in the United States District Court for the Northern District of California involving a DMCA takedown notice dispute between companies that produce virtual animals on Second Life. Ozimals filed a DMCA takedown notice, claiming that Amaretto's horse infringed on their bunnies. Consequently, Amaretto filed for a temporary restraining order against Linden Research, the makers of Second Life. This was granted and held in effect as the case proceeded. BackgroundSecond Life is an online website where users can live out their virtual lives. Users can make and sell their own virtual items. Ozimals is a company that creates virtual bunnies which can be purchased and raised in Second Life through feeding them virtual food. Amaretto Ranch Breedables sells virtual horses which can also be purchased and raised in a similar fashion. The Digital Millennium Copyright Act permits content owners to prevent infringement by seeking a court order that requires an internet service provider to block or remove access to content that allegedly infringes copyrighted content.[2] In this case, Ozimals claimed that Amaretto Ranch Breedables’ horses infringed on their bunnies and filed a takedown notice for their horses and feed.[3] Amaretto sued for a temporary restraining order and preliminary injunction barring Linden Research, the operator of Second Life, from removing their products.[2] CaseAs established in Winter v. Natural Res. Defense Council (2008), a plaintiff seeking preliminary injunction must show:
Since software copyright protection does not apply to functionality as in this case, the case was considered likely to succeed.[3] Amaretto did not directly copy Ozimal's source code, and the idea of a growing virtual animal that could be fed and raised is not copyrightable.[3] Likely irreparable harm is interesting in this case. Had the DMCA order gone through, it would have cut off Amaretto's source of income before it could challenge Ozimal's copyright claim.[3] Their virtual horses would have died for lack of food, and though Ozimals stated that they would agree to Amaretto distributing their product for free, Amaretto understandably refused to do so. [4] Furthermore, even if they were to litigate, had the takedown occurred, Amaretto would have lost a significant number of potential customers by missing out on the prime buying season.[1] Judge Charles Breyer ruled that irreparable harm was likely in this case.[1] For the same reason, he deemed that the balance of hardships would be in favor of the plaintiff.[1]Finally, there was no identifiable public interest in this case.[1] Judge Breyer granted Amaretto the temporary restraining order against Linden Research from removing their horses until the preliminary injunction ruling.[1] Subsequent Motions to DismissMotion to dismiss First Amended ComplaintIn April 2011, Ozimals was granted in part and denied in part their motion to dismiss Amaretto's First Amended Complaint (FAC).[5] They argued that
Ozimals’ motion to dismiss was granted in part and denied in part.[5] In response, Amaretto filed a Second Amended Complaint.[6] Motion to dismiss Second Amended ComplaintOzimals also moved to dismiss Amaretto's Second Amended Complaint in July, which consisted of the following:
Ozimals moved to dismiss 2 and 6. Judge Breyer ruled against them on unfair competition, pointing out that it had already been decided in the previous case. However, he did dismiss the common law unfair competition claim, since that entails passing off one's goods as those of another.[6] State law claims based on DMCA takedowns are preempted here by the federal nature of the DMCA, as referenced in Lenz v. Universal Music Corp. as well as OPG v. Diebold. Ozimal's motion to dismiss on this count is granted.[6] Further developmentsLitigation has continued into 2012, with several changes of attorney.[7] Meanwhile, Second Life has backed away from the dispute, stating, "We no longer have a horse in that race or a bunny in that pot." [4] Significance
Legal blogger Eric Goldman’s take on the case was, “I generally like furry critters, but I'm beginning to hate the virtual horses and virtual bunnies for their deleterious effect on Internet law.” [9] See also
References1. ^1 2 3 4 5 6 {{cite court |litigants= Amaretto Ranch Breedables, LLC v. Ozimals, Inc. |vol=No. |reporter=3:10-cv-05696 |opinion= |pinpoint=29 |court= N.D. Cal. |date= Dec. 21, 2010 |url=https://www.courtlistener.com/docket/4177738/29/amaretto-ranch-breedables-llc-v-ozimals-inc/ |accessdate= October 17, 2012 |quote=}} 2. ^1 {{cite journal|title=Plaintiff obtains restraining order stopping Second City from taking down its virtual animals pursuant to takedown notice|journal=The Computer & Internet Lawyer|date=March 2011|volume=28|issue=3|pages=25}} 3. ^1 2 3 {{cite web|last=Kwong|first=Justin|title=UPDATE: Virtual Horse Case, Amaretto Ranch v. Ozimals|url=http://virtualnavigator.wordpress.com/2012/02/11/update-virtual-horse-case-amaretto-ranch-v-ozimals/|year=2012}} 4. ^1 {{cite web|last=Scheck|first=Justin|title=You Can Lead a Virtual Horse to Water, But You Might Get Sued Along the Way|url=https://www.wsj.com/articles/SB10001424053111904772304576470722021477098?mod=ITP_AHED|year=2011|publisher=The Wall Street Journal}} 5. ^1 {{cite court |litigants= Amaretto Ranch Breedables, LLC v. Ozimals, Inc. |vol=No. |reporter=3:10-cv-05696 |pinpoint= 80|court= N.D. Cal. |date= Apr. 22, 2011|url=https://www.courtlistener.com/docket/4177738/80/amaretto-ranch-breedables-llc-v-ozimals-inc/ |accessdate=2019-02-16}} 6. ^1 2 3 {{cite court |litigants= Amaretto Ranch Breedables, LLC v. Ozimals, Inc. |vol=No. |reporter=3:10-cv-05696 |pinpoint=104 |court= N.D. Cal.|date= July 8, 2010|url=https://www.courtlistener.com/docket/4177738/104/amaretto-ranch-breedables-llc-v-ozimals-inc/ |accessdate=2019-02-16}} 7. ^{{cite web|url=http://dockets.justia.com/docket/california/candce/3:2010cv05696/235182/|title=Amaretto Ranch Breedables, LLC v. Ozimals, Inc.|year=2011|author=Justia.com}} 8. ^{{cite web|last=Goldman|first=Eric|title=Second Life Gets Out of Dispute Between Virtual Bunnies & Virtual Horses|url=http://blog.ericgoldman.org/archives/2011/01/second_life_get.htm|work=Technology & Marketing Law Blog|accessdate=17 October 2012|year=2011}} 9. ^1 {{cite web|last=Goldman|first=Eric|title=17 USC 512(f) Preempts State Law Claims Over Bogus Copyright Takedown Notices--Amaretto v. Ozimals|url=http://blog.ericgoldman.org/archives/2011/07/17_usc_512f_pre.htm|work=Technology & Marketing Law Blog|accessdate=17 October 2012|year=2011}} 1 : Second Life |
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